Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Azerbaijan (Ratification: 1992)

The Committee notes that Act No. 608-IIIQD of 16 May 2008 to amend and supplement the Labour Code repeals the last sentence of section 104(1) of the Code, which provided that weekly rest was to be at least 42 consecutive hours. It also notes that section 104 of the Code still provides for weekly rest of two days for workers occupied five days a week and one day for workers occupied six days a week.

Article 6 of the Convention. Length of weekly rest. In its report, the Government states that, according to Presidential Decree No. 949 of 23 October 2003, the monthly hours of work of public service employees may, in exceptional cases, be increased by no more than 17 hours, subject to an hourly overtime rate equal to twice their hourly pay. The Committee asks the Government to indicate whether the scheme of weekly rest of public service employees may be affected by this exception. The Government is also asked to provide a copy of the Public Service Act and of Presidential Decree No. 949 of 23 October 2003, referred to by the Government in its report.

Article 7, paragraph 1. Special weekly rest schemes. The Committee notes that, according to section 107 of the Labour Code, workers may be employed on the day of weekly rest in continuous production units, retail stores, public supply services, communications or other service enterprises. The Committee reminds the Government that according to Article 7, paragraph 1, of the Convention, special schemes, for which there must be prior consultation with the workers’ and employers’ organizations concerned, may be applied only where the nature of the work or of the service performed, the size of the population to be served, or the number of persons employed is such that the normal weekly rest scheme cannot be applied. It requests the Government to provide more detailed information on the manner in which relevant social and economic considerations were taken into account in establishing these special schemes, and on the consultations carried out in this connection with the social partners.

Article 7, paragraph 2, and Article 8, paragraph 3. Compensatory rest. The Committee again notes that, according to section 109(1) of the Labour Code, workers who work on the weekly rest day must be granted an alternative rest day or monetary compensation at double the rate. The Government indicates in this connection that workers who do so request are granted compensatory rest rather than monetary compensation. Further to its previous comments, the Committee points out that Articles 7, paragraph 2, and 8, paragraph 3, of the Convention provide that workers who are deprived of their weekly rest must have compensatory rest of at least 24 hours, regardless of any monetary compensation. It further points out that compensatory rest is essential to protecting the health and well-being of workers and so may not be replaced by compensation in cash. It therefore asks the Government to take the necessary steps to bring its legislation in line with Article 7, paragraph 2, and Article 8, paragraph 3, of the Convention.

Article 10, paragraph 2. Penalties. The Committee notes that, according to sections 310–313 of the Labour Code, any breach of the labour legislation is punishable by disciplinary, administrative or penal sanctions. The Committee reminds the Government that, according to Article 10 of the Convention, a system of appropriate sanctions must be set up to ensure that the Convention is effectively applied, and asks the Government to indicate the legal provisions that establish penalties applying specifically to breaches of the legislation on weekly rest, and to provide a copy of them.

Part V of the report form. Practical application. The Committee again asks the Government to provide general information on the manner in which the Convention is applied in practice including, for instance, statistics on the number of workers covered by the relevant legislation, and extracts from reports of the labour inspection services indicating the number and nature of contraventions reported and the penalties applied, etc.